H.R. 3950: Truth in Gender Act of 2025

HR3950 would impose a government-wide rule that "sex" means an individual’s "immutable biological classification as either male or female" and explicitly does not include gender identity. It goes further by defining "female" as a person belonging, at conception, to the sex that produces the large reproductive cell, and "male" as a person belonging, at conception, to the sex that produces the small reproductive cell. It also defines "gender identity" as an internal, subjective sense of self existing on an infinite continuum, and defines "gender ideology" as replacing biological sex with self-assessed identity.

The bill does not just state definitions — it orders the executive branch to use them everywhere. Within 30 days of enactment, the Secretary of Health and Human Services must issue guidance to federal agencies and the public. Agency heads then must use the Section 2 definitions in statutes, regulations, guidance, and official business, must use the word "sex" rather than "gender," and must require forms to list only "male" or "female" while barring requests for "gender identity." The Secretary of State, Secretary of Homeland Security, and Director of the Office of Personnel Management would also have to make sure passports, visas, Global Entry cards, and federal personnel records reflect sex as defined in the bill.

The measure would also change rules for prisons, detention, housing, and workplace enforcement. It directs the Attorney General and the Secretary of Homeland Security to ensure males are not detained in women’s prisons or detention centers. It requires amendment of 28 C.F.R. § 115.41, directs an interpretation of the Americans with Disabilities Act of 1990, and orders HUD to rescind its 2016 rule titled "Equal Access in Accordance with an Individual’s Gender Identity in Community Planning and Development Programs" published at 81 Fed. Reg. 64763 on Sept. 21, 2016. It also bars federal funds for medical procedures, treatments, or drugs intended to make an inmate appear as the opposite sex.

On civil rights enforcement, the bill tells the Attorney General to issue guidance to correct what it calls the misapplication of Bostock v. Clayton County, 590 U.S. 644 (2020), on sex-based distinctions. It also orders the Attorney General, Secretary of Labor, and EEOC Chair to prioritize investigations and litigation protecting expression of the "binary nature of sex" and access to single-sex spaces under entities covered by the Civil Rights Act of 1964. Agencies would have 120 days after enactment to send implementation updates to the President through OMB. At the same time, the bill says it creates no right or benefit enforceable at law or in equity against the United States or its agents, even while declaring its rules override conflicting laws.